Journal of the House of Commons: Volume 7, 1651-1660. Originally published by His Majesty's Stationery Office, London, 1802.
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Monday the 11th of April, 1659.
Leave of Absence.
RESOLVED, &c. That Mr. Alderman Toll, one of the Members of this House, shall have Leave to go into the Country for a Month; notwithstanding the Order for appointing the Call of the House.
The humble Petition of George Coney Esquire was this Day read; and was, concerning a Purchase made by him and others, from the Trustees for Sale of Delinquents Estates, of the Manor of Hooke, and several other Manors, and Lands, late Parcel of the Possessions of John now Marquis of Winchester, in the Counties of Dorsett, Devon, and Cornewall.
The humble Petition of Charles Lord St. John, eldest Son to John now Marquis of Winchester, was this Day read; and was, concerning his Claim and Title to the said Manors.
Mr. Trevor, Mr. John Goodwin, Mr. Scott, Colonel White, Sir Walter Earle, Mr. Reynell, Mr. Challenor, Captain Hatsell, Mr. Reynolds, Mr. Howe, Col. Gorge, Mr. Annesley, Mr. Cary Raliegh, Mr. Gulston, Sir William Doyley, Mr. Alsop, Colonel Whetham, Mr. Bulkeley, Lord Fairfax, Mr. Juxon, Mr. Minors, Colonel Birch, Mr. Jonathan Jennings, Mr. Gewen, Mr. St. Awbin, Captain Cheeke, Sir George Booth, Sir Anthony Ashley Cooper, Mr. Clifton, Captain Pley, Mr. Lance, Captain Baynes, Mr. Hobart;
This Committee are to examine the Matter of Fact in the aforesaid Two Petitions of Mr. George Coney and the Lord St. John; and to report the same to the House: And have Power to send for Parties, Papers, Witnesses, and Records: And are to give timely Notice to all Persons concerned: And are to meet about the same in the Star Chamber, To-morrow in the Afternoon, at Two of the Clock.
Chief Baron of Exchequer.
The humble Petition of John Wylde, late Lord Chief Baron of the Publick Exchequer, concerning the Place of Chief Baron of the Exchequer, granted to him quam diu se bene gesserit; and the Sum of One thousand Three hundred Pounds owing to him for his Salary in respect of that Office; was this Day read. And It is
Resolved, &c. That the Petition of Mr. Serjeant Wyld, late Chief Baron of the Publick Exchequer, be referred to the Grand Committee of the House for Grievances, and Courts of Justice; to examine the Matter of Fact thereof; and to report the same to the House.
Lord Craven to have & Pass.
The humble Petition of William Lord Craven was this Day read; and was, for a Passport for his safe coming into England, to prosecute a Petition which he intends to present unto this Parliament; and to reside here for Six Months; and then to return to his Charge in Holland. And It is
Resolved, &c. That Leave be granted to William Lord Craven to come into England, for Six Months from this Day, for the Prosecution of his Petition concerning his Estate; and that Mr. Speaker do sign a Protection for his coming over, accordingly: Provided that he do, within Six Days after his Landing in England, attend this House; and give such Security as this House shall think fit, to act nothing prejudicial to the Commonwealth during his Abode there.
Committee of Grievances.
Ordered, That Mr. Terill do make the Reports in his Hands, from the Committee of Grievances, To-morrow Morning.
Captain Stone gave the House an Account concerning the Notice given to the Farmers of the Excise of Beer and Ale, and other Inland Commodities, that live in London, and were in London, or within Five Miles thereof, of the Order of this House made on Saturday last, concerning the said Farmers: And also presented to the House a Paper containing the Manner of the Serving of the said Order, the Counties in Farm to them, the Names of the Farmers, and the several Sums of Money due and owing by them upon their respective Farms, over and above all Sums of Money paid in by them since the Five-and-twentieth Day of March last.
The said Paper was read; and was as followeth; viz.
AN ACCOUNT of serving the Order of the House of Commons of the 9th of April instant, upon the several Farmers of Excise of Beer and Ale, &c.
The House being informed, that divers of the Farmers of the Excise did attend the House; and were without at the Door; they were called in: And Mr. Francis Thompson, Mr. Stephen Kirke, Mr. John Baker, Mr. Esau Risby, and Mr. Richard Best Farmers of the Excise of Beer and Ale within the City of London, and within the Counties of Middlesex and Surry, came to the Bar of the House: And Mr. Speaker, by the Command of the House, required them to give the House an Account, Why the Arrears due and owing by them upon their Farm was not paid in by them, according to their Contract.
Mr. Baker and Mr. Kirke, severally gave the House their Reasons, Why they were behind, and had not paid the Rent due from them, according to their Contract; namely, several Difficulties they had met with from the Brewers; divers Actions brought against them, and their Officers and Servants; and that, for want of Time to collect the Duty, the Money which they should have paid, was remaining in the Brewers Hands.
And after the House had heard their Reasons, and the Inforcement of them, they withdrew.
The House being informed, that several Persons of the Company of the Brewers were without at the Door; and desired to be heard; It was
Resolved, &c. That the Brewers of London be now called in.
The Brewers being called in, Mr. Speaker, by the Command of the House asked of them, If they did desire to be heard by any Direction from the Company: To which one of their Number, on the Behalf of the rest, answered, That they were a Committee, by Direction of the Company, to attend the Business concerning the Farmers of the Excise.
Whereupon Mr. Speaker acquainted them, That the Farmers of the Excise had offered it to this House this Day, as One Reason, Why they had not paid their Rent due for the Excise of Beer and Ale, according to their Contract, that the Brewers are in Arrears to them; and that the Monies remain unpaid to them in the Brewers Hands.
Whereupon one of the Committee for the Company of Brewers informed the House, That there might be an Arrear of Six thousand Pounds, or thereabouts, in the Hands of the Brewers; but that they would be ready to pay it this Afternoon, being the Day it is due: And thereupon they withdrew.
Resolved, That the Farmers of the Excise of Beer and Ale within London, Middlesex, and Surry, be required to pay in to the Receipt of the Exchequer the Sum of Fifteen thousand and Seven hundred Pounds, on Saturday next; and the further Sum of Twenty thousand Pounds, on or before the First Day of this next Term.
The Farmers of the Excise of Beer and Ale within London, Middlesex, and Surry, were again called in: And Mr. Speaker informed them of the aforesaid Resolution of the House, for the Payment of the said Sums in to the Exchequer, within the Times aforesaid. He further minded them of their Contempt and Neglect; That, having had Notice, as they themselves had acknowledged, of the Order of this House of the Twelfth of March last, they had not hitherto paid in the Monies due and owing by them, according to the Directions of that Order: That they well knew, before they took the Farm, what Powers they had; and they had acknowleged they had sufficient Powers for London: And that they knew, that if they did transgress the Law, they would be liable to Actions: And that there is much more due from themselves than is pretended by them to be owing by the Brewers; which they might forthwith call for; and that therefore the House did expect that they should pay in their Rent, according to their Contract. And thereupon by the Command of the House, those Farmers of the Excise withdrew.
The Committee of the Company of Brewers, London, were again called in: And Mr. Speaker by the Command of the House, informed them, That the House hath given Order to the Farmers to pay in their Rent in Arrear, within a very short time; and what should afterwards grow due from them, according to their Contract: And that the House expected, that themselves and the rest of their Company that did owe any Monies to the Farmers, should pay the same to them upon Demand, that it might not be an Excuse to the Farmers for not paying their Rent, to allege, that the Money was owing then by the Brewers. And thereupon, by the Command of the House, they withdrew.
Colonel Mackworth, one of the Members of this House, and Farmer of the Excise of Beer and Ale in the County of Lancaster, taking notice, upon reading the Accompt of the Monies in Arrear and unpaid by the Farmers of the Excise, a Debt of Eight hundred Two-and-Twenty Pounds Ten Shillings was stated upon himself; did stand up in his Place; and informed the House, That above Two hundred Pounds of the said Arrear was paid in to the Receipt this Day; and that the rest should all be paid in within one Fortnight.
Resolved, &c. That the rest of the Farmers of the Excise of Beer and Ale, and other Inland Commodities, who attended this Day to have been heard concerning the Monies due and owing by any of them, do attend again To-morrow Morning, to give the House an Account, Why they have not, according to their several Contracts, paid in the said Monies.
Resolved, That a new Writ be issued, for the Election of a Burgess to serve in this present Parliament for the Borough of Malmesbury in the County of Wiltes, in the place of Sir Henry Lee Baronet, deceased: And that Mr. Speaker do send his Warrant to the Clerk of the Commonwealth in Chancery, for Issuing of a new Writ for the Election of a Burgess to serve for the said Borough of Malmesbury, accordingly.